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Published on: 17 Sep 2018 By

DIY investors fight back against trailer fees

Trailing commissions (also known as trailer fees) are intended to compensate mutual fund dealers, such as discount brokers, for investment advice they provide to investors. However, discount brokers are prohibited from providing investment advice under the law. Siskinds LLP is pursuing claims on behalf of retail investors who have paid trailing commissions on mutual funds...

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Published on: 26 Apr 2021 By

Electronic employee monitoring: Can you do it and what are the limits?

With approximately 40% of Canadians currently working from home due to the pandemic, employers are increasingly looking for ways to supervise and monitor productivity and attendance. While employers can monitor and collect information on their employees as part of their general right to manage their business, employees still have a reasonable expectation of privacy while...

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Published on: 25 Sep 2018 By

Environmental Commissionerโ€™s 2018 Greenhouse Gas Progress Report

On September 25, 2018, the Environmental Commissioner of Ontario released the 2018 Greenhouse Gas Progress Report: Climate Action in Ontario: Whatโ€™s Next? The Environmental Commissioner of Ontario (ECO) is an independent officer of the Legislative Assembly of Ontario created by the Environmental Bill of Rights, 1993 (EBR). One of the Commissionerโ€™s responsibilities under the EBR...

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Published on: 14 Oct 2014 By (Dianne Saxe)

New Biodiversity Treaty in effect this week

Fair sharing of biodiversity: The Nagoya Protocol on Access to Genetic Resources and the Fair Equitable Sharing of Benefits Arising from their Utilization, underย the United Nations Convention on Biodiversity (CBD), enters into force this week. The Protocol is an international environmental agreement intended toย ensure that those, who share access to genetic resources and associated traditional...

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Published on: 27 Dec 2017 By

Class Proceedings Can Fill the Gap in Canadian Regulatory Action

Canadian Investorsโ€™ Perceived Vulnerability to Fraudsters A recent Globe and Mail article highlights the difficulty Canadian investors have in recovering proceeds of crime from fraudsters.ย Examining 30 yearsโ€™ worth of regulatory enforcement proceedings, the Globe comes to the conclusion that Canadaโ€™s โ€œtoothlessโ€ regulatory system permits criminals to get โ€œbarely punishedโ€ and commit their financial crimes again.ย Focusing...

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Published on: 22 Apr 2020 By ,

Virtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyers

Note: This blog post has been updated to reflect the amended Order by the Lieutenant Governor in Council on April 22, 2020. On April 7, 2020, the Lieutenant Governor in Council made an Order under the Emergency Management and Civil Protection Act varying the current statutory requirements for the execution of a Last Will and...

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Published on: 4 Jun 2021 By

Class actions as clone wars?

Ontario Court rejects notion that class members must be โ€œclones.โ€ Judges on a certification motion do understand that class members are notย clonesย and even if they wereย clones, judges understand that individualย clonesย may have had different experiences with the defendant. Commonality is not disapproved by finding instances of difference.[1] The Supreme Court of Canada has described the โ€œcommonality...

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Published on: 20 Nov 2020 By

British Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholders

Overview In Re iAnthus Capital Holdings, Inc., 2020 BCSC 1442, Justice Gomery of the BCSC rejected a plan of arrangement due to the overly broad scope of release and injunction clauses which were found to bar claims of historical shareholders which preceded the plan. His Honour did not dismiss the petition, but rather provided iAnthus...

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